The purpose of this chapter is to establish predictable and balanced regulations for the siting and screening of wireless communications equipment, including technology associated with amateur radio services, satellite dishes, personal wireless service, radio or television transmitting antennas, public safety communication, and public utility microwave equipment in the City. These regulations are necessary to:

   A.   Maximize the use of existing and approved towers and buildings to accommodate new wireless communication antennas in order to reduce the number of new towers necessary to serve the community.

   B.   Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the antenna and tower through structural standards and setback requirements.

   C.   Require antennas and tower sites to be secured in order to discourage trespassing and vandalism.

   D.   Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to complement existing structures to minimize adverse visual effects of antennas and towers. (Ord. 5, 12-14-2006)

The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and shortwave radio transmitting and receiving antennas:

   A.   Tower Construction Requirements: All antennas and towers erected, constructed, or located within the City, including all necessary wiring, shall comply with the following requirements:

      1.   All towers shall comply with applicable Federal, State, and local regulations. (Ord. 5, 12-14-2006)

      2.   Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform with the latest structural standards and wind loading requirements of the State Building Code and the Electronics Industry Association and all other applicable reviewing agencies. (Ord. 5, 12-14-2006; amd. 2011 Code)

      3.   With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment, wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

      4.   Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

      5.   All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration.

      6.   All towers shall be reasonably protected against unauthorized climbing.

      7.   Antennas and towers may only be erected in accordance with applicable zoning restrictions.

      8.   Towers shall be constructed of corrosive resistant metal material.

      9.   Persons responsible for all communication towers and their antennas shall maintain a general liability insurance policy that provides coverage from any damage to property or injuries to persons caused by collapse of the tower. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one million dollars ($1,000,000.00).

      10.   The city may employ the services of an independent technical expert to evaluate the application for new communications towers and antennas, and the applicant shall pay all reasonable costs of such review and independent analysis.

   B.   Structural Design And Installation: Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and, as may be necessary, as determined by the building official, shall be verified and approved by a professional engineer.

   C.   Signs And Advertising: No signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.

   D.   Height Restrictions:

      1.   Height Determination: Except as otherwise provided in this subsection, the height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower shall meet the height restrictions of this subsection.

      2.   Maximum Heights: Except as otherwise provided in this subsection, the maximum heights for towers and antennas are as follows:

         a.   In all districts and areas of the city, the maximum height of towers and antennas shall be no taller than necessary to provide the functions required, as certified by a registered electrical engineer or other qualified professional.

         b.   In all residentially zoned property, the maximum height of any tower, including all antennas and other attachments, shall be thirty five feet (35'); except, that no tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet (5').

         c.   In all nonresidential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot (1') for each one foot (1') the tower is set back from residentially zoned property, up to a maximum height of one hundred eighty feet (180'), by conditional use permit. The city council may allow towers up to two hundred feet (200') high if the applicant can demonstrate that, based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off site views of the tower will be minimized.

      3.   Exceptions: The following are exceptions to the maximum height restrictions for towers:

         a.   Multiuser Towers: Multiuser towers may exceed the height limitations of this subsection by up to twenty feet (20'); provided, that if only the antennas of a single wireless communications provider will be attached to the tower at the time of application, the additional twenty feet (20') will not be used but will remain vacant for use by a second wireless communications provider.

         b.   Amateur Radio Antenna Towers: In accordance with the preemption ruling PRB1 of the federal communications commission, towers supporting amateur radio antennas that comply with all other requirements of this chapter are exempted from the height limitations of this subsection up to a total height of seventy feet (70'); provided, that such height is technically necessary to receive and broadcast amateur radio signals.

         c.   Attached Towers And Devices: Towers and other antenna devices which are attached to a structure and not freestanding may be located on residentially zoned property under the following conditions:

            (1)   The towers and antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures; and

            (2)   The towers and antennas are limited to a height of fifteen feet (15') projecting above the structure. The city council may permit antenna heights of up to twenty five feet (25') above the structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the structure, off site views of the antenna are minimized to accepted levels.

         d.   Public Utility Structures: Public utility structures, including, but not limited to, water towers, antennas, lights and signals, power and telephone poles, and poles supporting emergency warning devices.

   E.   Illumination: Towers shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. Any lighting shall not project onto surrounding residential property.

   F.   License Requirement: When applicable, proposals to erect a new antenna shall be accompanied by any required federal, state, or local agency licenses.

   G.   Color And Design: Towers shall be painted silver or have a galvanized finish to reduce visual impact and shall be of a monopole design.

   H.   Amateur Radio Antenna Towers: Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.

   I.   Abandoned Towers: All abandoned or unused towers shall be removed from the site, unless a time extension is approved by the city. In the event that a tower is not removed within twelve (12) months of the cessation of operations at a site, the tower, antenna or associated facilities may be removed by the city and the costs of removal assessed against the property. After the facilities are removed, the site shall be restored to its original or an improved state. (Ord. 5, 12-14-2006)

   A.   No new tower shall be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed antenna. Supporting evidence may consist of any of the following conditions:

      1.   No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

      2.   Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

      3.   Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

      4.   The applicant's proposed system would cause electromagnetic interference with the system on the existing tower or structure, or the system on the existing tower or structure would cause interference with the applicant's proposed system.

      5.   The fees, costs, or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs are considered reasonable if they conform to contractual terms standard in the industry or do not exceed the cost of new tower development.

      6.   The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

   B.   New towers with a minimum height of one hundred twenty five feet (125') shall be designed to accommodate at least two (2) other users. New towers with a minimum height of ninety nine feet (99') shall be designed to accommodate one additional user. Towers shall also be designed to allow for future rearrangement of antennas on the tower and accept antennas mounted at different heights.

   C.   The holder of a permit for a tower shall allow collocation for additional users as may be accommodated based on the tower design and shall not make access to the tower and tower site for the additional users economically unfeasible. If an additional user(s) demonstrates (through an independent arbitrator or other pertinent means, with the cost to be shared by the holder of the permit and the proposed additional user) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the permit shall become null and void. (Ord. 5, 12-14-2006)

The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, temporary mobile antennas (TVROs), shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers:

   A.   Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of three feet (3') from all lot lines.

   B.   Guywires or guywire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of one foot (1') from all lot lines.

   C.   Accessory or secondary use antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen feet (15') above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two (2) times the normal height restriction for the affected zoning district.

   D.   The installation of more than one support structure per property shall require the approval of a conditional use permit. (Ord. 5, 12-14-2006)

   A.   Residential And Urban Reserve District Standards:

      1.   Antennas Located Upon Public Structures Or Existing Towers: Personal wireless service antennas located upon public structures or existing towers shall require the processing of an administrative permit and shall comply with the following standards:

         a.   The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer, that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

         b.   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use, shall have an exterior finish similar to the principal building, and shall be screened from view of neighboring properties and the public right of way by landscaping where appropriate. Proposed fencing shall comply with the residential fence standards 1 .

         c.   An administrative permit is issued in compliance with the procedures established by the city council.

      2.   Antennas Not Located Upon Public Structures Or Existing Towers: Personal wireless service antennas not located upon a public structure or existing tower shall require the processing of a conditional use permit and shall comply with the following standards:

         a.   The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer, that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

         b.   The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen feet (15') above the structural height of the structure to which they are attached.

         c.   If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole; provided, that:

            (1)   The pole shall not exceed seventy five feet (75') in height.

            (2)   The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted only from structures on the same parcel if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

         d.   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. Exterior finish of such a building shall be similar to that of the principal structure on the property.

         e.   Unless the antenna is mounted on an existing structure, at the discretion of the city, a security fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure. The fence shall be of design and materials approved by the city council.

         f.   The conditional use permit provisions of section 11-3-2 of this title are considered and determined to be satisfied.

   B.   Business And Institutional District Standards:

      1.   Antennas Located Upon Public Structures Or Existing Towers: Personal wireless service antennas located upon public structures or existing towers shall comply with the following standards.

         a.   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. The exterior finish for such building shall comply with the requirements for buildings in the B business districts or INS district, as may be applicable.

         b.   An administrative permit is issued in compliance with the procedures established by the city council.

      2.   Antennas Not Located Upon Public Structures Or Existing Towers: Personal wireless service antennas not located upon public structures or existing towers shall require the processing of a conditional use permit and shall comply with the following standards:

         a.   The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer, that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

         b.   The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen feet (15') above the structural height of the structure to which they are attached.

         c.   If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted monopole; provided, that:

            (1)   The pole shall not exceed seventy five feet (75') in height.

            (2)   The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted from residential structures on the same parcel if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

         d.   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. The exterior finish for such building shall comply with the requirements for buildings in the B business districts.

         e.   Unless the antenna is mounted on an existing structure, at the discretion of the city, a security fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure.

         f.   The conditional use permit provisions of section 11-3-2 of this title are considered and determined to be satisfied.

   C.   Industrial District Standards:

      1.   Antennas Located Upon Public Structures Or Existing Towers: Personal wireless service antennas located upon public structures or existing towers shall require the processing of an administrative permit and shall comply with the following standards: An administrative permit is issued in compliance with the procedures established by the city council.

      2.   Antennas Not Located Upon Public Structures Or Existing Towers: Personal wireless service antennas not located upon public structures or existing towers shall require the processing of an administrative permit and shall comply with the following standards:

         a.   The antennas shall be located upon existing structures if possible.

         b.   If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a supporting pole or tower not exceeding one hundred sixty five feet (165') in height. Such pole or tower shall be located on a parcel having a dimension equal to the height of the pole or tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances.

         c.   An administrative permit is issued in compliance with the procedures established by the city council. (Ord. 5, 12-14-2006)

   A.   Residential And Urban Reserve District Standards: Single satellite dish TVROs greater than one meter (1 m) in diameter may be allowed as a conditional use within the residential zoning and urban reserve districts of the city and shall comply with the following standards:

      1.   All accessory and secondary use provisions of this title are satisfactorily met.

      2.   The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free receive window can be maintained within the limits of the property ownership.

      3.   Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

      4.   The satellite dish antenna is not greater than three meters (3 m) in diameter.

      5.   The conditional use permit provisions of section 11-3-2 of this title are considered and determined to be satisfied.

   B.   Business, Institutional And Industrial District Standards: Commercial, private and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter may be allowed as a conditional use within the B business districts, INS institutional district, and I industrial district(s) of the city and shall comply with the following standards:

      1.   All accessory and secondary use provisions of this title are satisfactorily met.

      2.   The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership.

      3.   Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

      4.   The conditional use permit provisions of section 11-3-2 of this title are considered and determined to be satisfied. (Ord. 5, 12-14-2006)

Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards:

   A.   Such antennas shall be considered a conditional use within the industrial zoning districts of the city and shall be subject to the regulations and requirements of section 11-3-2 of this title. Where such antennas and/or antenna support structures are not an accessory use to a related principal use such as a television or radio studio, such antennas and/or antenna support structures shall be required to be processed as a planned unit development (PUD) according to the provisions of chapter 28, article C of this title. The City may require conditions relating to aesthetic or other issues, and may require that one or more payments in lieu of Property Taxes is made by the applicants and/or operators to compensate for the loss of potential Property Tax revenue to the City.

   B.   The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

   C.   Unless the antenna is mounted on an existing structure, at the discretion of the City, a fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure and other equipment. (Ord. 5, 12-14-2006)

In addition to the information required elsewhere in this title for an application for a building permit for towers and their antennas, applications for conditional use permits for such towers shall include the following supplemental information:

   A.   A report from a qualified and licensed professional engineer which does the following:

      1.   Describes the tower height and design including a cross section and elevation.

      2.   Documents the height above grade for all potential mounting positions for collocation antennas and the minimum separation distances between antennas.

      3.   Describes the tower's capacity, including the number and type of antennas that it can accommodate.

   B.   For all personal wireless service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, so long as there is no negative structural impact upon the tower and there is no disruption to the service provided.

   C.   Before the issuance of a building permit, the following supplemental information shall be submitted:

      1.   Confirmation that the proposed tower complies with the requirements of the Federal Aviation Administration, Federal Communications Commission, and any appropriate State review authority or that the tower is exempt from those regulations.

      2.   A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the applicable structural and electrical, but not radio frequency, standards. (Ord. 5, 12-14-2006)

   A.   All towers may be inspected at least once each year by the building official to determine compliance with original construction standards. Deviations from original design for which a permit is obtained constitutes a violation of this chapter.

   B.   Notice of violations shall be sent by registered mail to the owner of the property, and the owner shall have thirty (30) days from the date the notification is issued to make repairs. The owner shall notify the building official that the repairs have been made, and as soon as possible thereafter, another inspection shall be made and the owner notified of the results. (Ord. 5, 12-14-2006)

Notwithstanding any other provision in this title to the contrary, small wireless facilities and wireless support structures as defined in title 8, chapter 1 of this Code and located in the public right-of-way are exempt from this title. Location and placement of small wireless facilities and wireless support structures shall be as provided in title 8, chapter 1 of this Code. (Ord. 185, 4-11-2019)